The Sun. — London, England, 1808-11-18 00:00:00

THE KING V. THOMAS P*TY. For an assault upon an Officer of the Excise.— Ordered to •be brought up on the 25th .instant, for the judgment of the Court. THE SING V. JOHN PHILLIPS AND NICHOLAS ,PHIL- LIPS (FATHER AND SONY, SMUGGLERS. For a desperate assault on 'Officers of the Re venue, near Penrhyn, in Cornwall;, in which one of the Defendants had a pistol ball lodged in his breast, which ball is not yet extracted, part of both his ears cut off, &c.; he having sworn that he would murder the Officers, &c. The ATTORNEY-GENERAL spoke strongly in ag gravation of punishment in this case ; as did also Mr. JEKYLL.—Mr. CASBURN in mitigation.—To be brought up on the 25th instant. • THE KING V. ISAAC HOLDEN. For obstru&ing a Revenue Officer in the execu tion of his duty—a slight case.—Ordercd a calendar months imprisonment in the King's Bench Prison. THE • KING V. Is.I ( LEOD, A MALTSTER. For obstruCting an Excise Officer in the execution of his otlici:e in the county of Durhatfi. Had, five years ago, received sentence for a similar offence; but the present being a slight case—Ordered that he .do enter into a recognizance of 2001. to appear when called upon, and in the mean time to be of good behaviour. Mr. justice GROSE—•-•" There is a great tleal of misbehaviour in your case—the Court reprobates it." THE KING ,V. WM. SKINNER. For assaulting an Excise Officer in the execution of his duty —a slight case. Ordered a calendar month's imprisonment in the King's Bench Prison. THE KING V. ROBERT NEWMAN. For an assault, without excuse by provocation, on N. N. Land, Esq l , whose niece the Defendant had married, at Dartmouth. Mr. GARROW was beard iu aggravation, and Mr. BURROUGHS in mitigation, of punishment. Order ed to be imprisoned in the King's Bench. prison for three calendar months; to give surety for his good behaviour for two years, himself in 501. and.two sureties in 251. each ; and be further imprisoned until such surety be given. COURT OF COMMON PLEAS, Nov. z 6. NISI PRIGS SITTINGS IN TERM. < WILLIAMSON AND MILLS V. CLEMENTS. This was a special-aation inn . the case, brought by - the Plaintiffs, who are w i ne and brandy merchants, against the Defendant, a publican, under the follow ing circumstances, as stated by Serjeant SHEPHERD: Upon a settlement of an accdunt on dealings be tween them, the Defendant had, in part payment of his- balance, passed to them his btll of exchange, drawn and payable to his own order on one John Batt, and accepted by him. Before this bill became due, the premises of the Plaintiffs had been broken open and plundered of various articles, and among other papers, of the bill in questibn. Notice was, immediately given of th e l oss o f t h e bill , b ot h to the,drawer and acceptor; and after- some time the Defendant agreed to pay the amount of the bill, 39!. 15s. 2d. upon the Plaintiffs executing a bond of indemnity, securing him and Batt, the acceptlr, against all consequences attending the stolen note. This bond was accordingly prepared, together with a receipt for the money at the foot of it ;, but upon the execution of it by the Plaintiffs, the money not being paid by the Defendant, the receipt. was torn off, and the bond !eft in his hand, where it had been ever since, and for this money the action -was • brought. . Sohn Batt, the acceptor •of the note, a prisoner for debt in the King's Bench, and nt,w brought up by Habeas Corpus, being sworn, said, he had ac cepted the note drawn by the Defendant. Upon being asked whether he had the bond of indemnity executed by the Plaintiff's ? he said he had not been served with a duces tecum, and did not know whether he was bound to produce it. Sir JAMES MANSFIELD told him he was ;.and that, as au honest roan, would do so whether com pelled or not. He then owned he had it ; after some hesitation, an,t having his memory refreshed by the produc tion of some letters, he said he had been written to on the subject by the Defend:lw. Lite bond of is - tb ninny had been sent tohim about two) ears e, had not seen the Delt-Want sine tfki:t LONDON: Printcd by It IcH•it li.ita;s, ut No, 4, ,I , l4ftlett-court, bow-streeti and punll%he iby IvlLLlr j ttA Aitt.itcti t SCRIPPS, At the bug-OFT 7 es No. iI: Straed; where /Myer tuements, Orders for the - Paper. 1 filers for the editor, &c, (ha ,t-paia) a. most POLICE. LAW REPORT. COURT OF .KING'S BENCH, Nov. t 6. KING's STORES. THE KING V. MATTHEW EUCKINGER. The ATTORNEY-GENERAL moved for the Judg ment of tne Court on the Defendant. Lord ELLENBOROUGH read his notes on the trial. It appeared that the Prisoner bad been a brazie.', living in High-street, Dartmouth, 'and that there were found in his posse. lion 156 pounds of sheet copper ; and 72 pounds of copper nails, which had the broad, a the mark that is always on the King's stores. He was tried last - and found guilty. The Prisoner had no Counselor affidavits iu _gation of punishment. He stated that when he bought the copper, he did not perceive it had the broad R on it, and that be had already been twelve, mouths imprisoned. The ATTORNEY-GENERAL observed, that he ap peared to be a large dealer in that kind of traffic.— The fad was, that the workmen used to steal the stores, and the Prisoner purchased them. The COURT ordered he should be sent to New gite until to-morrow, and then be brought up to receive his sentence. TREPANNING SAILORS FROM THE ROYAL NAVY, THE KING V. HENRY NATHAN. The ATTORNEY-GENERAL moved for the Judg: of the Court on the Defendant. Lord ELtENBOROUGH read the notes he had taken on the trial. It appeared that the Defendant was indi&ed, tried, and found guilty, at the last Assizes, at Maid stone, before Lord ELLENBOHOUGH and -a Special Jury, for seducing eleven seamen, part. of the crew of his - Majesty's ship Viaory, to desert, in order to get them on board an Indianian. The COMMON SERJEANT presented three affidavits in mitigation of punishment, which stated that he had been very severely treated, having been kept in irons on board ships of war for 30 days. The ATTORNEY-GENERAL Observed, that the affi davits did not state he' had brought his action to re cover damages for that imprisonment. The COURT observed, they would not hear Counsel on either side until to-morrow, as Lord ELLENEOROUGH was obliged to attend the King's Levee. The " COVIIT ordered the Prisoner to be committed to Newgate, and to be -brought up to• morrow. 410VEMBItit !I. THE KING V. HUNRY NATHAN. The ATTORNEY GENERAL moved the judgment of the Court on the Defendant, who had been con viaed of the otfcnCe of enticing sailors from his Majesty's ships, and taking them on board an East Indiaman, for which he received a bounty. ThqCoxmorr SERJEANT addressed the Court in mitigation of punishment, and observed, that the _Defendant had been imprisoned in irons for 21-days on board ship, by which his health had been much itijuret, for which an action was brought in his name against the Admiral by whose order that. h a d b een done; but he stated in his affida‘it that this was done by his Attorney, without his knowledge, and not discontinued by his order, The CHIEF JUSTICE thought it somewhat odd, that he had nor sufficient controul over his Attor ney to make him discontinue an action but per haps he might state in .tiis affidavit that the aation should be discontinued, not that the Court desired soy thing of that sort, only he might do so it he wished. This being accordingly done, the ATTORNEY GE NERAL said, he had no wish to resist the justice of the allowance to be made to the Defendant, on ac count of his having been imprisoned gz days in irons,. 't was right that it should go in part of his punish ment ; but he must observe that the offence was heinous, and the Defendant had attempted to support his case at the trial by perjury.' Mr. Justice GHOSE—." You have been convi&ed, on very clear evidence, of a very bad crime—that of seducing the sailors of his Majesty from their duty to him and to the Country, for the purpose of depriving them of their service. When we consider the nature of the crime, and the evidence given at the trial, it is obvious to the Court, it was coin . menced in fraud, carried on by intoxication, and, I am ,sorry to observe, ended in perjury, for no man who has heard the evidence read can possibly doubt about that. At the.same time, great as your offence • is,. the COurt has taken into consideration what you .have•already suffered, and which, of course, will in some degree cause a miligation in your punishment ;_ but yet, your offence is such, that for the sake of the public, must, as an example, be punished with a considerable degree: of severity. Attending to what has been sail in mitigation on your behalf, end all the other - circumstances of the case, this Court doth order andadjudge, that you do pay to the c' Kin° . a-fine of sol. and that to i l be imprisoned in his Nlajesty's gaol of Newgate for one year., and further until such fine be paid." . THE, KING V. lUCKINGER. The ATTORNEY-GENERAL moved the judgment of the Court 424 the Defendant ; but two days were allowed him to prepare an affidavit in mitigation of onniihment, on the motion of :Mr. Smurif.—De tudatit coMmitted to Newgate, and to be brought up this day week for judgment. • FRENCII PRISONERS. THE KING V. FOWLER AND ,ANOTHER. The ATTORNEY-GENEIt AI. moved the judgment of the Court on the two Defendants, Francis Vowler and John Husst. Mr. Justice 134n.p.: read the report. It was zln indictment tried before Ir. Justice Heath, at the last Assizes for the County of Bucics,_against the two Defendants, for a conspiracy to effect the escape of certain French Prisoners of war. Another count charged the Defendants with receiving and harbour ing such prisoners, &c. upon which they were found guilty,' upon satisfaCtory evidence . ; they had receiv ed gold for this offence, of the French prisoners, and it appeared from the statement of Mr. Jarvis, that those PrisonerS had afterwards got out of this King doin, and were subsetluoutly re-taken in arms against this Country. T It appeared for the Defendant, by their own af . = fidavit, that the one of them is a Milliner's son, and the•other the sun of a Publican, the one 23, - the other only years 6f age; that each of them-sup ports an aged mother ; that they are so respeCiably conneeted as !o tie reads' to - enter into surety tor their goo-1 behaviour, &c. that they inadvertently fell into error, &c. Mr. STORKS made a very able speech for the De fendants, it, mitigation of their pu.lishinent. The ATTORNEY-GENERAL observed, that the Learned COunsel fur the Defendants did them ample justice, without violating any principle that A god man, a good a citizen, add a good lawyer, ought to observe in a Court of Justice. He had' said every thing that could be said 'for two persons in their situation ; but the Court 'could not pass over their offence so lightly as their-Counsel wished ; for, said' the AttorneyGeneral— ' " This offence comes as near to high treason as can be. Those Frenchmen, prisoners of war in this Country, are, ,by this praCtiee, sent out of it, to fight against this Country again. They are enemies at this Country, taken in artns-against us, and made prisoners' of war. They are sent back again to their own Country (France) to fight again the battles of France against us ; and this too from no better.motive than that th ese D e f en d ants s h ou ld put money into their pockets—l ahink there is no misdemeanour that can be committed by man that is an higher offence against the public ; because know of none more destru&ive to its interest than this - for nothing can b e more d angerous to t h e safe ty' Of the State, than endeavours made by our own subjects to replace French Men, whom we have taken 'in arms fighting against us, in a state to ad hostilely towards us a second time, by sending them back to France to fight the battles of our enemy again." CHIEF JUSTICE.—" Let the Prisoners_ be corn mined to the custody of the Marshal, and brought Up this day se'nnight to receive the judgment of the Court." tied. - He prodoced -'which he said had been sent to him four .days ago, from among some of his papers, which were tyitig at a friend's Upon • his cross-examination, said,,.he kid failed in his _circumstances since, but could kive paid the bill in,question, when it became-due, if it had been fort•hcomitig.at the time. Upo❑ a re-examination in chief for the Plaintiffs ► he owned die bill fell due on the 4th of 'November, • 1806, and that he had written a lettet (produt•ed to him) on the next day, declaring his inability to take • it up. Wm. Graine, the attesting witness to the bond'of indemnity, proved he s►w it,executed by the Philtr tiffs to the ,Delendant, and that there was then af- fixed to it a receipt (since_torn off) for th e mo ne y, the amount of the nole that had been stolen. • James Bottomly, cellarmati to the Plaintiffs, lived whh them at the time when their counting-house was broken open. The desk had been forced, and plundered of property and papers. About a year and a half ago, he, by order of his employers,-went to the Defendant, and desired him either to pay the money, or return the bond which bad been left . with him. The Defendant told him, that Batt had got the bond, that he would see him in a few clays, and that then he would call on the Plaintiffs and set tle with them. Upon his cross-examination he de nied that Clements had said he would see if Batt would take the bond of the Plaintiffs as a security for the payment of the lost note. To a question .by the Court, he said the Plaintiff's kept their notes ih a tin case, in an iron chest, which had been broken open, andall the papers carried off. • ,Dechatnps, at whose house the bill had been made payable by the acceptor, proved be had notice given him, by all the parties, of - the loss of the note, a 'month - before it became due; and also that he had provision in his hands belonging to Batt, for taking it up, if it had come in regular course. John Hinton proved a conversation be had held with the Defendant in May, 1807, who told him of the loss of the note, and added, he did not think that Batt could pay it, nut that he, Clements, would take it up as soon as he could cone& money sufficient' for that purpose. Here the Plaintiffs rest ed their case. Serjeatit BEST, for the Defendant, contended the Plaintiffs had not made out a case to entitle them to a verdia ; first, because they had not proved the bond itself. This, however, Sir JAMES MANSFIELD thought was sufficiently proved by the produclion of it, corn ing out of the hands of Batt, the acceptor of the bill, and to whom it had been sent by Clemedts, the Defendant. In the next place, he contended there was no con sideration for the fresh undertaking upon which the indemnity was passed. This being a matter of law, Sir JAMES reserved the point for the consideration of the Court, to be argued hereafter, in case the Jury should find a ver dia for the Plaintiffs. The.. Learned Serjeant then contended generally, that the Jury were bound to find forthe Defendant, who having once paid.his debt to the Plaintiffs, by a gond bill passed..to him for money aHually due to him by the acceptor, Batt, was not bound either in law or conscience to pay a second time, which would be the case ifhe were to make good the loss, which had happened without default of . his. He further cot) tend 7 ed, that the evidence of Bottomly, that the Defend ant had said he would see Batt, and then call on the Plaintiffs, and settle with the'rn, went to prove, not an absolute .undertaking by the Defendant, but, on the contrary, merely that he would pay, prol,ided Batt was satisfied with the 'security, and willing to be answerable for the amount. The Learned Judge, in charging the Jury, observ 7 ed this was a novel Mimi, and such as, under the circumstances, had never come before him. The remedy usually resorted to had been by bill in equity, and he had known several instances where the relief had been granted, and the ,party been obliged to pay On getting a proper indemnity ; but he saw no tea ' son why the Plaintiff might not recover at law, pro vided they made out their ease: The question the Jury had to decide, was, whether the Defendant had made an absolute promise, or only conditional, in case Batt did not pay the amount ? -and to decide this, there were several circumstances to be, consi-dere,d. In the first place it appeared the bond of in demnity had been passed so long,back . as December 18015, since which time it had remained in thehands of 'the Defendant •or Batt, and provided either of them had paid the amount of the note to any holder of it, the bond could have been sued, oft it was therefore to be interred, that if he did'not mean to pay the money, he should have returned the bond to the Plaintitfs ; and, though there was no proof of an aclual promise, it was for. them, to decide whe-. tiler keeping the bond was not a fair inference to suppose one ? 00 the other. hand, by the evidence' of Bottomly going to demand either the money or the hood, it rot 0 be argued there was no actual agreement to pay at all events; fOr if there was, the Plaintiffs would have no right to ask; for the bond. Upon the whole, it th e y thonght the . agreemet:t ob.; Solute, and without 'condition, they would find for the Plaintiffs, otherwise for the Defendant.‘ The Jury retired for some• time, when they returned with a verdid for the Plaintiffs, subject to the point re served by the L9arned Judge,' with litietty. for the Defendant to enter a non-suit, if it should be fourid fur him by the Court. SHOCKING AocIDENT.—An Inquisition was taken Wednesday at Middlesex Hospital, before G.- HODG sox, Esq. Coroner for aliddlesei, on the body of Mrs. Edwards, who met her death by accident on Monday afternoon, The deceased, a respectable wo man, seventy years of age„ formerly , kept a public house in St. James's parish, and for some years held a situation in St. James's Chapel, Tottenham-court " road ; she resided in a small house at the back of the Chapel, and oh Monday afternoon, whilst sitting in an arm chair, her garments took tire. A girl who waited on her, first dikovered her sitting in the chair, with her clot hes completely burnt oil her hack, and tl e bed-ftunittire and Other•parts of the'room were :i;.o on fire. The poor woman, who was too ieer)V to help herself, was removed to the huvitai i out ath relieved her of her excruciating. tortnent4 in - a IC. 'A' houys.---Accidental Death. MA R LBORCUGII-STP E ET.—Patrick 11141110-110- n Wag yesterday finally ex am i ne d. The different get, exhibited against the prisone! - • at the two fo' re examinations were rea d over , and other taus we added to thetn. Some uvitnesses c :rroborated woat had been stated on - a former day, that the prisonot. and Ch arters were the only Acting i\lanagers of th sham first of Ity.in and Co. in Sherborne• lane, and L it - did not appear that there wa-S any such a mall a ,' Ryan. Some of the horses, chaises, &c. of the prisoner and his associate obtained posses sl°ll ' have been traced to the possession of persons w! had purchased them , with ready money of Charter' and the prisoner, without - susii:q:ling how the dis posers of them had obtained them.. A.stationer Holborn pruved that the Prison er and Charters had ordered a quantity of stationery M furnish their shamuounting , ltouse, and by dela ° (3. i. the purchasers, the tradesman was requested to ctra' on the firm at 20 days sight. Charters is: not YCE , custody.. ti He, it appeared, was extremely useful from his aNiearance and manner in bargaining wi t i , l Gentlemen for their horses,. &c. It was him 11 obtained Major Turner' s h orse an d c haise wit,sl'',, fictitious bill. The bills found on the Pri s°n when taken: into custody were produced, and the ' amount to 6851. 15s. 4d. exclusive of those zit • fated. The - Prisoner was committed for trial- - three charges of felony. • lO W° THAMES PopcE•OFFlCE.—Yesterd a y c o - Rke was charged with having in his possv.ssi° l) A chineal and indigo - to the value of 1001. s uspec have been stolen out of some ship or warelioH°'d Several persons attended who have been r 0 0 1 7 1 .40 such articles, particularly Mr. Pearson, of Size - l 3 who _has been robbed within these few - rnbat b° i ie . opium and goods of the above d e s cr iption, -to, ,' to amount of upwards of 10001. but as no ne of t `. o could be identified, the Prisoner was conViite ,/e ‘ e „ the penalty-of 51. and the goods forfeited, -he nbt ' ha ing able to account for the fair possession of same. A short time since a boat with s i x men, be 1 - on m a0.041k g to Deal it is supposed, were l o st o n, the 55. win Sand, under peculia r circum s t ance s of dis t ,%- They left Deal early at night, and their track 1 1 7,. 7 by the Sand, the boat, it is thought, was- 0 1 °1, ed, or upset, in going over it, as s ome of the- 111 ' 1 : 00 , rials were found in the riciLity, On the follo w ' morning a fishing-boat belonging to Raingat e i )ea passing some distance from the Sand, it being 1 dry, one of the crew, not kno w ing of the accid ell o ; fancied he saw.men walking, thereon, and esP l ' e l ed his opinion to his comrades, who made 101'4 it, andobserved h e mus t b e m i sta k en, o r it in.,- were men, they probably had a b-)at with. th e . t if, they consequently p asse d On, b ut i t still .forcihsli struck the man ab ove . ment i o n e d t h at whit he °og seen were men, who were i n di stress, and haTitt landed at Broadstairs, he expressed his regre t they did not go and satisfy themselves otth e ,,B4 cumstance. 'Little doubt remai ns b ut t he 0 '1 ) ot seen as above described were the unfortunat e to n, boat-Ten; whose feelings in ss:, dreadful a sitt la :',in, surrounded by the sea—with the slow, but O r r approach of death before their eyes—citn- only conceived—admits not of description I SWF NEWS. AVRSEND, NOVEMEER 16. • rassed by—the Stag, Thompson, from Oporto. CO!' Sailed—the Traveller, Coulson, for Cadiz ; Susar l ',6os l ;" ton, tor Oporto; Mars, Mitchell, for Domini ca; lccr . Phillips, for Grenada ; juno, Fisher. for St. lona, 'fonge, for Malta ; Hari,ony, Gardner, for chae's I - Lorothy, Forster, Sowdon, Holl an d , New - to n , '„ for Nelly, Sughrue, and . the Princess of _Wales, Jamaica. • BIRTHS. : Bath, tig On‘Verinesdav last,at C I, Lady of 13. Hobliouse, Esq. NJ. p. °fa Daughter. le L OY Yesterday morning, at his house at Kensington, of Captain Codd, of a Daughter, being her thirteent h t ry, Lately, at Clifton, the Lady of Robert Esq, of a Daughter. . . MARRIED. On Tuesday senniglit, - in the Cathedral, SVJte r- ro. rci voo• dolplius Greene, ESq. to Miss P-o,:e.r, both of I)tuig'! :.o o4 On Monday. last, a; Downhain Market,. Nortirlk , 1%- Crigson, Esq. of WattOn, to Miss Dixon, (taugh t ''' . j c .o 4# ShucktOrth'Dixort, Esq. of the former place. )11 Tuesday - last, at Itickliev, Mr. • Francig '; 111j4 jun. of islottinghant, •to Elizabetti, younge: t ciaugb!`" • , late Gilbert Wakefield. - 'Egif?s , The same day, at Edinburgh, David Itleidry7Atehibaa Dion, to Miss Margaret Brodie, daughter of .A• Brodie, of St. Andrew's. fy r Verrier+ Yesterday se'unight, at Edinburgh, Lewistlt e r r of Esq. of Belsyde, Advocate, to Miss Monro, ci spb AlexatideriVionro, sen. of li'i tO 10i$f Lately, at Cork, the Rev. CharlesL. Coghl". Cummins, daughter of Nicholas Cummins, Esq• 10; 0 A few days ago, Richard Smith, Esq. of Bativti n, G. O'Doi, youngest daughter of Colonel Thoittas "1.00 of I3allingartv,' and niece to Colonel ° Grove„ M. P. for the County ci Limerick. of LIP; 'Last week, at Dr;-!:.:,n, Mr. Rail* Hutchinson, - Durham, to Miss Sinurthwaite. A few days ago, Mr. Edmird Lotthouse, of:Kir ,, - - ton, to Miss Clark., of Ingmantborpe, , Dear Weibel tt,.../ , ss • . , I) I LI.). 4A 4 , 1';, 'On Tuesday last, Miss Pen el Sheffield, 'lO -''' ope c.“ i e l, .ter of the 1-'es.:. Robert' . Sliellield„, or 1.0 wer 1?rook- 1( - niece IL. Sir John Sliefthld.' t ire. On the 15th inst. Mrs-. Searle, of Kensington , 54; fr ,' port,* On Wednesday last,- M rs. Trott, wife o f Mr. / "„wal' i ' of the Old 'Chac, c ,,, lend eldest daughter of Richard - I.cq`. of Mitcham, Surrey.' ocof 'l'h.hz same da),- at his ho:ise in Duke.strett, St' i a 1 . D ., in the 86tH year of his age, [obit Hutchinson, Esq. vg"; Off the . ey::h inst. in Maddox-street, at a n pdvA ,le `, pug . ' Mrs. jean Caw bell, of Carrick, niece to John th ir ' i of Argyle. nc5 1. , ..at - ely, in Marlborough-street, Dublin, Mr. Pati;elcl3°vl-0;, lair. A fete days ago, in Carlow Edward EUStaC C, E . 54. Pationore. ,I vth c. On . the - 3d inst..at Hamilton, Mr. Robert Go•-• - • 01 t iflr - Alanager or the Theatres Handltun, Kilinarnock, Iris ' PRICE UF STOCKS ?fiSTERDAV.• Bank Stock— 237 rs/avy.s per Cem.- $ 39.1 sper Cent. '797, Irish 5 per 4 per Cent. 0-1 IT. Sri per Cent. ford. 66 . Cons. i3.ink L. Am+. td 1- iOill India Stock, IS3 f Ivna Bonds, ss. 6s. P.: p Exch N uer NI ;s, ss• Pc' ('rrinium, 3 dis. 1 .• lal peria I 3 per C e nt. • ' 1)i t o Ann. 7 7- ottis , Cvns. tor 2-'1 - • t• 0 7." ~, 1 il, • '-------"-'' -------------- DO N Bit loc: i-: • . To-Ivit)11-- r Iv.- - aticl 3. AtTerlinOn. 2c Atir.• 111cH WATER AT ; LON? .ko Morning, 57 mfu.